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HSR Informal Interpretations

0110001 Informal Interpretation

… of Company. I want to focus on the potential HSR Act reporting consequences of Shareholder's acquisition of the … less than 50% of the stock of Subsidiary, potentially reportable. Staff comment - Yes, assuming Company holds <50% … holds less than 50% of the stock of Company, potentially reportable no matter how much stock of Subsidiary is …
Date
Rule
802.21(b) 802.30
N. Ovuka & M. Bruno concur. B. Michael Verne 10/4/01 refer to comments below.
HSR Informal Interpretations

0109006 Informal Interpretation

… Opinion 15 and that an HSR premerger notification and report form would not be required to be filed with the … This opinion states that an LLC formation is potentially reportable when the formation combines under "common … other person. A crucial element for an LLC formation to be reportable is the combining of two or more separately …
Date
Rule
FI 15 802.1
Agree-- This is not reportable. B. Michael Verne 10/2/01
HSR Informal Interpretations

0109005 Informal Interpretation

… "B", another foreign person. The transaction would be reportable. A has the opportunity to acquire a subsidiary of … if it did so the subsequent acquisition of B would still be reportable. It is not clear, however, whether or when the … existing staff positions would deem the acquisition of C reportable because of the decision to make the transaction a …
Date
Rule
801.90
There is no 801.90 issue in this structure. N. Ovuka concurs. B. Michael Verne 9/28/01
HSR Informal Interpretations

0109002 Informal Interpretation

… not necessitate the filing of Premerger Notification and Report Forms under the Hart-Scott-Rodino Antitrust … to (redacted) May of __95. Premerger Notification and Report Froms were filed by (redacted), the ultimate parent …
Date
Rule
801.10
Confirmed advice w/ writer. MV concurs
HSR Informal Interpretations

0109004 Informal Interpretation

… million. Therefore, the formation of Newco GP would not be reportable because the size-of-transaction test would not be … formation. The creation of a wholly-owned subsidiary is not reportable under the HSR Act. (3) LP will issue and sell to … and their possible subsequent conversion, would not be reportable under the HSR Act because E would not hold 100% …
Date
Rule
PNO Manual Letter 47
Assuming these are bona fide equalization payments, agree that all of this is part of the formation of a partnership and therefore not reportable. N. Ovuka concurs. B. Michael Verne 9/26/01
Amicus Briefs

TRW Inc., Petitioner v. Adelaide Andrews

… of limitations to private action under the Fair Credit Reporting Act. Amicus Brief andrews.pdf … TRW Inc., …
Date
Citation Number
No.00-1045
Amicus brief for the United States and the Federal Trade Commission, supporting consumer's argument concerning application of statute of limitations to private action under the Fair Credit Reporting...
HSR Informal Interpretations

0105010 Informal Interpretation

… through the exercise of the option will be exempt from the reporting requirement. This result does not change even …
Date
Rule
7A(c)(10)
Are the distributions to P.Q.R. tied to the option exercise such that the option must be exercised once the distribution is made? Informed called that (c ) (10 ) does not apply because of the time...
Federal Register Notice

Cigarette and Smokeless Tobacco Reports; Request for Public Comment

… Cigarette and Smokeless Tobacco Reports; Request for Public Comment Federal Register Notice Cigarette and Smokeless Tobacco Reports; Request for Public Comment 010410cigaretteandsmokelesstobaccoreports.pdf … Cigarette and Smokeless Tobacco Reports; …
Date
HSR Informal Interpretations

0104005 Informal Interpretation

… had on Wednesday, .March 14, 2001 concerning the potential reportability under the Hart-Scott-Rodino Antitrust … to Company B would not be subject to a new notification and reporting requirement under the amended HSR Act. As we discussed, unless the additional assets are separately reportable under the HSR Act as amended or the additional …
Date
Rule
801.13(b)
Agree. N. Ovuka concurs
HSR Informal Interpretations

0104006 Informal Interpretation

… merger of two heavily-indebted companies would not be reportable as structured. The proposed transaction is … which constitutes the second element of the merger may be reportable, if as a result of that distribution any one … that it is possible that there could be one or more reportable acquisitions with respect to this part of the …
Date
Rule
801.2(d)
Agree
HSR Informal Interpretations

0104007 Informal Interpretation

… matters (e.g. appointment of directors and approval of reports and accounts) to be exercised in accordance with … seek your confirmation that this (redacted) merger is not reportable under HSR. In the meantime if you have any … their existing shareholdings. These steps are clearly not reportable under HSR. The first is merely an internal …
Date
Rule
801.2(d)
Agree; I discussed this with M. Bruno last month & she concurs.
HSR Informal Interpretations

0104008 Informal Interpretation

… the acquisition of non-voting common shares is not an HSR reportable event. 2. LLC may also hold debt securities in … because the acquisition of debt securities is not an HSR reportable event. 3. 1.I_C holds 100% of the voting … a foreign corporation. Voting securities arc a potentially reportable class of "asset", however, we asked you to assume …
Date
Rule
802.51 F.I. 15
Agree Michael Verne
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